International Tax Ruling


Imported 'scrap' assessable basis highest auction bid received, not Indian market value 

SC dismisses Revenue appeal, upholds HC's valuation of imported goods viz. scrap, basis highest bid received during auction; Observes that, imported goods were treated as 'scrap' by dealer in USA, exp...View More

Transaction value not rejectable basis 'quotations' giving domestic 'RSP', absent cogent evidence

CESTAT allows assessee’s appeal, transaction / invoice value cannot be rejected basis 'quotation' which gives domestic retail sale price; A mere quotation is vastly different from commercial inv...View More

No 'as such' removal of capital goods / inputs on leasing of power plant 

HC dismisses Revenue appeal, leasing of power plant along with land, building, plant and machinery, not 'removal of capital goods' as such, credit availed thereon not reversible under Rule 3(5) of CEN...View More

Deferred sales tax 'payable' under State Incentive Scheme deductable from assessable value

Mumbai CESTAT rules in favour of manufacturer-assessees on the issue of inclusion of difference between deferred sales tax liability and sales tax paid under Deferral Scheme of Maharashtra Packaged Sc...View More

Mould cost non-inclusion before 2000 a bona fide valuation mistake; Interest / penalty inapplicable 

CESTAT dismisses Revenue appeal, sets aside interest under erstwhile Sec. 11AB and penalty u/s 11AC of Central Excise Act for non-inclusion of mould amortisation cost in assessable value of manufactur...View More

Applies 'territorial nexus' theory; Bunker supplies to high-seas vessels taxable in Maharashtra 

HC dismisses writ, supply of high speed diesel (HSD) to shipping vessel located in territorial waters, not a sale outside State of Maharashtra, assessee liable to pay VAT; On receipt of Purchase Order...View More

'Fly-Ash' fails manufacture test, not "excisable good"; However, 'Fly-Ash Brick' dutiable 

HC partly allows assessee’s writ petition, ‘fly ash’ generated during burning of pulverized coal does not involve any manufacturing activity and therefore does not fall within purvie...View More

 Pet coke supplied to sister unit towards electricity generation for manufacture, CENVATable

CESTAT allows CENVAT credit on pet coke supplied to assessee’s sister unit for generation of electricity, which is ultimately used for manufacture of final product; Rejects Revenue contention th...View More

Optic fibre lease rental taxable basis 'actual receipt', not AS-19 'notional income' 

CESTAT allows assessee's appeal, lease rentals for use of optic fibre cable taxable basis amount actually received, not equalised notional lease rent income disclosed to comply with AS-19; Rejecting R...View More

Allows lift-manufacturers to raise new plea; Tribunal to re-examine "Lifting machinery" classification 

SC remits issue of classification of ‘lifting machinery’ that is used to bring up & down an elevator / lift, to Tribunal so as to decide afresh applicable excise duty rate during the p...View More